Land Use Agreement questions
Suggestions on questions to ask a land owner/landlord when signing a Memorandum of Understanding.
School / Fairgrounds
- Number of Classrooms
- Gym
- Cleaning / Janitorial /Custodial services
- Use of showers
- Government furnished supplies vs contractor furnished
- Phones
- Copiers
- Computers
- Kitchen
- Keys -Access
- Security
- Sleeping Areas
- Noxious Weeds
- Availability (ACA)
- AC/Heater operational or available
- Sprinkler system
- Reduce / increase costs when camp changes (i.e. from Type I – II – III) (reduce number of classrooms needed, area needed, buildings needed, etc.)
- Other prescheduled / concurrent uses of the facilities by owner
- Parking
- Athletic Fields
Dip Sites / Pond / Outdoors
- Impact – amount of drawdown, site disturbance, etc
- Fish
- Noxious Weeds
- Water (usage and/or replenishment)
- Water Rights (who owns the water)
- Fences
- Access
- Flight Path
- Livestock/Wildlife
- Loss of Foliage/Crop/Pasture
- Use of pumps or wells
ICP / FOB / Helibase
- Access – roads, gates
- Noxious Weeds
- Fences/ cattleguards / gates
- Livestock
- Flight Path
- Irrigation/Sprinkler System
- Spillage/Hazmat
- Hours of Operation
- Property Impact
- Re-seeding / de-compaction requirements
- Abandonment of improvements
- Specific clean-up requirements (bark, mulch, sawdust, gravel, carpet, etc)
Airports
- Facilities Usage (except for federally funded runways, towers (Check other FAA restrictions
- Landing Fee
- Fuel Fee (If Contractor provided)
- Security
- Flight Path
- Hazmat/Spillage
- Parking
- Availability
- Water/Electricity/Phones
- Portable Retardant Bae
- Hours of Operation
- Access
- Check with Air Ops for further concerns
Volunteer Base / Non Profit
- Talk to owner if possible
- Acknowledge possible legal issues (water dumping, food on grounds, drinking, etc)
- Take lots of pictures (Put online so you can share with whoever comes after you.)
- Can we use the utilities? (Electric / gas/ water/)
- Can we use office EQ, like copiers/printers? Wifi?
- What is the parking lot like? Any restrictions?
- Are there fields that can be used?
- Is the sprinkler system (internal/external) working?
- Who has keys/access? What is the process for getting access?
- Do we have kitchen access?
- Can we get access to the janitorial stuff (or is there a contract in place to clean)?
- Is there a lawn/grounds keeper on contract? How do we approach oil spills (cars) and weed pulling?
- What are you hours of operation?
- When was the last safety inspection?
For Outside Use
- Where does water flow? (for when it rains?) Is food/congregant settings anywhere near that point?
- What is your De-contamination plan?
- Is there room for a dumpster?
- How many parking spots do you have?
- Do you have segregated spots for all your “stations” (Supply, Food, Showers, Parking, Desk, Info, etc)?
Situations NOT requiring Land Use Agreements (For Govt Contracts)
- Federal Government land/facilities run by concessionaire
- Land/Facilities of other Federal agencies (would fall under Economy Act agreements)
- Land/Facilities of state and local governments (usually cooperative agreement)
- Non Wildland fire incidents, i.e. FEMA.
- Direct fire suppression activity (fire line construction, back-burn, access to fire)
- Federally funded runways and towers (county/state/local)
Restoration Considerations
- Loss of crop/pasture – how many seasons
- Re-seeding / de-compaction requirements
- Noxious Weeds Abatement and Survey
- General clean-up (trash removal, final janitorial service, floor waxing, etc)
- Re-sod of athletic fields
- Reconditioning floors (of gyms, carpet replacement, etc)
- Pumping of septic systems (feasible to use system, or rely solely on port-a-potties?)\
- Mending fences damaged during incident
Determining Rate
- BEFORE NEGOTIATING RATE:
- Determine ownership of land / facilities
- Confirm owner’s agent if applicable
- Resources available to confirm ownership
- City or County Tax Assessor’s Office
- Courthouse
- Private Campgrounds – what are average receipts / revenues for similar time period
- Historical record of rates for use in local area – local rangers may be good source
- Facilities – if facility is abandoned from normal use, consider revenue lost for the activities
- Fairgrounds – were there any events cancelled or rescheduled to make them available?
- Cost of relocating and feeding of stock
- Are there vacant facilities held by other agencies that may be available?
- Consider a not to exceed rate commensurate with property value
- Sources of market research:
- banks
- real estate offices
- local employees
- local assessor offices
- local agency lands offices
- newspapers
- feed store bulletin boards
- documentation at local offices from previous incidents
- Loss of crop/pasture – how many seasons
- Re-seeding / de-compaction requirements
- Noxious Weeds Abatement and Survey
- General clean-up (trash removal, final janitorial service, floor waxing, etc)
- Re-sod of athletic fields
- Reconditioning floors (of gyms, carpet replacement, etc)
- Pumping of septic systems (feasible to use system, or rely solely on port-a-potties?)\
- Mending fences damaged during incident
- Determine ownership of land / facilities
- Confirm owner’s agent if applicable
- Resources available to confirm ownership
- City or County Tax Assessor’s Office
- Courthouse
- banks
- real estate offices
- local employees
- local assessor offices
- local agency lands offices
- newspapers
- feed store bulletin boards
- documentation at local offices from previous incidents